- 11 - Petitioners assert that a car accident involving Mr. Brown in May of 1997 and his resulting surgery prevented the timely filing of their return. Incapacity on the part of a taxpayer due to physical illness can establish reasonable cause for failure to file timely returns. Sec. 301.6651-1(c)(1), Proced. & Admin. Regs.; see also United States v. Boyle, supra at 248 n.6. Petitioners have not presented any documentation as to the car accident or Mr. Brown’s surgery, or why these events prevented the timely filing of the return.8 We sustain respondent’s determination as to the section 6651(a)(1) addition to tax. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered under Rule 155. 8 Alternatively, Mr. Brown argued that the addition to tax was caused by respondent’s failure to follow his instruction to apply his 1997 overpayment of tax to the next taxable year. We find no merit in this argument, as Mr. Brown acknowledged that he received a refund for 1997 and the record does not contain any evidence establishing the existence of the 1997 overpayment or his instruction to apply it to the next taxable year. Moreover, at no point do petitioners argue that the 1998 return was timely filed.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011